75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2336
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Oregon District Attorneys' Association)
CHAPTER ................
AN ACT
Relating to impeachment of witnesses; creating new provisions;
and amending ORS 40.355.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 40.355 is amended to read:
40.355. (1) For the purpose of attacking the credibility of a
witness, evidence that the witness has been convicted of a crime
shall be admitted if elicited from the witness or established by
public record, but only if the crime:
(a) Was punishable by death or imprisonment in excess of one
year under the law under which the witness was convicted; or
(b) Involved false statement or dishonesty.
(2)(a) If a defendant is charged with one or more of the crimes
listed in paragraph (b) of this subsection, and the defendant is
a witness, evidence that the defendant has been convicted of
committing one or more of the following crimes against a family
or household member, as defined in ORS 135.230, may be elicited
from the defendant, or established by public record, and admitted
into evidence for the purpose of attacking the credibility of the
defendant:
(A) Assault in the fourth degree under ORS 163.160.
(B) Menacing under ORS 163.190.
(C) Harassment under ORS 166.065.
(D) Attempted assault in the fourth degree under ORS 163.160
(1).
(E) Attempted assault in the fourth degree under ORS 163.160
(3).
(F) Strangulation under ORS 163.187.
{ + (G) The statutory counterpart in another jurisdiction to
a crime listed in this paragraph. + }
(b) Evidence may be admitted into evidence for the purpose of
attacking the credibility of a defendant under the provisions of
this subsection only if the defendant is charged with committing
one or more of the following crimes against a family or household
member, as defined in ORS 135.230:
(A) Aggravated murder under ORS 163.095.
(B) Murder under ORS 163.115.
(C) Manslaughter in the first degree under ORS 163.118.
(D) Manslaughter in the second degree under ORS 163.125.
(E) Assault in the first degree under ORS 163.185.
(F) Assault in the second degree under ORS 163.175.
Enrolled House Bill 2336 (HB 2336-INTRO) Page 1
(G) Assault in the third degree under ORS 163.165.
(H) Assault in the fourth degree under ORS 163.160.
(I) Rape in the first degree under ORS 163.375 (1)(a).
(J) Sodomy in the first degree under ORS 163.405 (1)(a).
(K) Unlawful sexual penetration in the first degree under ORS
163.411 (1)(a).
(L) Sexual abuse in the first degree under ORS 163.427
(1)(a)(B).
(M) Kidnapping in the first degree under ORS 163.235.
(N) Kidnapping in the second degree under ORS 163.225.
(O) Burglary in the first degree under ORS 164.225.
(P) Coercion under ORS 163.275.
(Q) Stalking under ORS 163.732.
(R) Violating a court's stalking protective order under ORS
163.750.
(S) Menacing under ORS 163.190.
(T) Harassment under ORS 166.065.
(U) Strangulation under ORS 163.187.
(V) Attempting to commit a crime listed in this paragraph.
(3) Evidence of a conviction under this section is not
admissible if:
(a) A period of more than 15 years has elapsed since the date
of the conviction or of the release of the witness from the
confinement imposed for that conviction, whichever is the later
date; or
(b) The conviction has been expunged by pardon, reversed, set
aside or otherwise rendered nugatory.
(4) When the credibility of a witness is attacked by evidence
that the witness has been convicted of a crime, the witness shall
be allowed to explain briefly the circumstances of the crime or
former conviction; once the witness explains the circumstances,
the opposing side shall have the opportunity to rebut the
explanation.
(5) The pendency of an appeal therefrom does not render
evidence of a conviction inadmissible. Evidence of the pendency
of an appeal is admissible.
(6) An adjudication by a juvenile court that a child is within
its jurisdiction is not a conviction of a crime.
(7) A conviction of any of the statutory counterparts of
offenses designated as violations as described in ORS 153.008 may
not be used to impeach the character of a witness in any criminal
or civil action or proceeding.
SECTION 2. { + The amendments to ORS 40.355 by section 1 of
this 2009 Act apply only to the impeachment of witnesses in
criminal actions commenced on or after the effective date of this
2009 Act. + }
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Enrolled House Bill 2336 (HB 2336-INTRO) Page 2
Passed by House February 23, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate March 24, 2009
...........................................................
President of Senate
Enrolled House Bill 2336 (HB 2336-INTRO) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2336 (HB 2336-INTRO) Page 4